NDRC: Anti Price Monopoly Provisions Have Been Drafted

The head of the State Development and Reform Commission said on the 1 th that in order to cooperate with the implementation of the "anti monopoly law" in August 1st this year, and correctly carry out the enforcement of anti price monopoly, the national development and Reform Commission has recently completed the drafting work of the "anti price monopoly Regulations", making the anti monopoly law part of the anti price monopoly part more operational.

The head of the price division and the price supervision and inspection department of the development and Reform Commission said in an exclusive interview with Xinhua news agency that the antimonopoly law is the basic law of China's anti-monopoly, including price monopoly.

The "State Development and Reform Commission's main responsibilities, internal institutions and staffing requirements" issued recently by the State Council have entrusted the national development and Reform Commission the duty to investigate and punish price violations and price monopolies in accordance with the law.

The responsible person said that the guiding ideology for drafting the above provisions is to abide by the original meaning of the anti-monopoly law, to stipulate the contents of anti monopoly law in the antimonopoly law, to enhance operability, and to provide a practical legal basis for the enforcement of anti price monopoly.

The above provisions further elaborate the relevant provisions of the antimonopoly law, combined with the practice and reality of anti price monopoly.

The horizontal price monopoly agreement and the vertical price monopoly agreement reached by the operators have been prohibited.

The stipulation (Draft) has refined the stipulation of price monopoly agreements, and has enumerated the manifestation of three price monopoly agreements.

The person in charge pointed out that the "antimonopoly law" listed the three manifestations of the abuse of dominant market position by the operators in the price monopoly, namely, monopolistic price, low price dumping and price discrimination.

The regulations stipulate quantity standards for "unfair high price" and "unfair low price" in monopoly price, and enhance the operability of the law.

For dumping at low prices, the regulations clearly confirm that the regulations on stopping dumping at low prices have been issued by the national development and Reform Commission.

In respect of price discrimination, the provisions (Draft) clearly imply that "when the operator provides the same goods, he carries out or performs different paction prices in a disguised form to the counterpart of the same condition, except when the price concessions are given to the relative parties in accordance with the law".

Here is an explanation of "discriminatory price" and what is the "justified reason" except for it.

The relevant person in charge said that the relevant provisions of the antimonopoly law involve abusing administrative power to exclude and restrict price competition.

The provisions (Draft), combined with the anti monopoly law, the price law and the State Council's relevant charging documents, are regulated in two situations: the administrative organs with pricing power abuse administrative power, exclude and restrict price competition, and the administrative organs without pricing power exceed their powers to exclude and restrict price competition.

The antimonopoly law stipulates that if an operator initiatively reports to the anti-monopoly law enforcement agency about the relevant circumstances of the monopoly agreement and provides important evidence, the antimonopoly law enforcement agency may, as appropriate, reduce or exempt the operator from punishment.

The provisions (Draft) separately stipulate the situation of exemption from fines and the reduction of fines according to the importance of the time and the degree of evidence provided by the operators, so as to enable the law enforcement agencies to grasp the law enforcement scale in the actual law enforcement.